Business as usual back in BVI

Two disputes lawyers have been promoted in a three-partner round at Harneys, as the British Virgin Island...

Two disputes lawyers have been promoted in a three-partner round at Harneys, as the British Virgin Islands Commercial Court returns to Tortola following Hurricane Irma.

The New Year means a new start for three new partners at offshore law firm, Harneys Westwood & Riegels, which announced the January promotions of Jonathan Addo, Peter Ferrer and Michelle Frett-Mathavious. Addo and Ferrer are members of the firm’s litigation and restructuring practice, while Frett-Mathavious practices in the banking and finance group.

The promotions bring to 15 the number of partners in Harneys’ BVI office. Colin Riegels, the managing partner of that office, said in a statement that each of the partners had “consistently demonstrated outstanding legal capabilities and unwavering commitment to delivering service which exceeds clients’ expectations”.

The three new partners have 48 years’ combined post-qualification experience, more than half of which is in the BVI.

Addo specialises in international commercial litigation; company law with a particular expertise in funds-related litigation; shareholder disputes; unfair prejudice claims; fraud; as well as asset recovery, insolvency and restructuring, all of which are a solid staple of offshore legal claims. He has practiced offshore since 2012 when he joined Harneys from Goldman Sachs.

Farrer practiced for 17 years at Quadrant Chambers in London, where he remains a door tenant, before joining Harneys and moving offshore in 2016. He was heavily involved in the USD1.6 billion Pacific Andes restructuring dispute, acting on behalf of the liquidators of various BVI entities alleged to be involved in a trade finance fraud.

He has particular experience in relation to the enforcement of foreign judgements and arbitration awards often involving tracing actions in multiple jurisdictions, as well as mainstream commercial litigation.

Andrew Thorp, head of BVI litigation and insolvency, said, in a statement: “Jonathan and Peter are standout, tenacious advocates who bring considerable depth and expertise to the partnership,” with the promotions acting as a strong indicator of the depth of the BVI-based team.

BVI BOUNCES BACK

The appointments come following the passage of Hurricane Irma in September 2017, which extensively damaged the BVI, including businesses and institutions, requiring a significant international aid effort to restore basic services and leading to the temporary relocation of personnel, families and institutions, pending what was a gradual return to normality.

The litigation team itself relocated temporarily to London and the Cayman Islands, while the Commercial Division of the ECSC High Court moved temporarily to Saint Lucia with judges hearing matters from the end of September 2017.

Ian Mann, the firm’s Asian head of litigation and insolvency, told a Hong Kong audience in October 2017 that the court had been running efficiently following Hurricane Irma.

He said, in a blog posted online: “The chief justice, her judiciary and the court staff are to be roundly congratulated for their fortitude in a natural disaster, their resilience in the immediate aftermath, and their helpfulness going forward. We also thank our fellow practitioners for their sense of comradery and community spirit in these difficult times.”

Indeed, the court has not been shy about making new law, issuing a leading judgment on the scope of the Norwich Pharmacal jurisdiction in the BVI, in a case concerning the grant of disclosure orders in support of the enforcement of a judgment, where there was a reasonable suspicion over assistance given towards evading a judgment debt.

Riegels said: “It has been a very challenging year for the BVI,” but the promotions were further evidence of Harneys’ continued commitment to the territory and the firm’s determination to help the islands return to normality following Hurricane Irma.

CDR can report contracts to repair the High Court have been approved by the BVI government, while Commercial Court operations returned to the BVI in January 2018, pending refurbishment of the badly damaged complex.

Local businesses, including law firms, pledged USD 255,500 towards the building’s repair in a bid to help fast-track that process in December 2017. Welcoming the donations, Lorna Smith, of BVI Finance, said it was evident that “The BVI’s financial services industry, both here and abroad, is always ready to do their part to ensure the continued success of the jurisdiction.”

The court will sit at the BVI International Arbitration Centre, in Ritter House, Wickhams Cay II, until further notice, with the commencement of proceedings from 10 January to the start of the Easter vacation on 29 March. The commercial judges sitting for this term are Mr Justice David Chivers QC, of Erskine Chambers, and September appointee, Bahamas lawyer and former senator and judge, Mr Justice Neville Adderley, formerly an appellate judge in both the Bahamas and the Turks & Caicos Islands.

CAYMAN CONTINGENT STRENGTHENED

Harneys’ promotions follow the appointment, in December 2017, of Nick Hoffman as head of the Cayman Islands’ litigation and insolvency practice, and the recruitment of litigator, Chris Russell, currently of Appleby, in spring 2018 as a consultant, with further associate hires expected to join in the New Year.

Hoffman joined the firm in July 2017, having practised as a barrister at 7 Bedford Row, and then from 2013 onwards, at local firm, Priestleys, and has long enjoyed a practice since 2011 in appearing before the Grand Court, Cayman Islands Court of Appeal and the Judicial Committee of the Privy Council.

He was joined by Madeleine Heal, who, like Russell, is formerly of New Square Chambers. Heal has over 20 years’ experience as an advocate in civil fraud, insolvency, shareholder and joint venture disputes and contentious trusts, as well as significant expertise in technology, branding and other intellectual property litigation.

Phillip Kite, global head of litigation and insolvency, commented: “Nick is a well-known, highly skilled and experienced advocate who has practised in Cayman since 2011. Madeleine is a senior advocate valued for her tenacious approach and breadth of expertise. The addition of these two impressive individuals to our busy team is an exciting prospect as we continue to cement our position as a leading litigation practice in the Islands.”

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